orion-premium.ru Group,
welcomes you to orion-premium.ru
(the “Website”),
an adult entertainment website. It is important to the Company that
you and other visitors have the best possible experience while using
the Website, and that, when you use the Website, you understand your
legal rights and obligations. Please read this terms-of-use
agreement, which govern your use of the Website, including any
content, functionality, and services offered on or through the
Website. Your access to the Website is on the condition that you
agree to this agreement. Please pay special attention to the
following: (1) disclaimer
of warranties (section 16);
(2) limit
on liability and exclusion of damages (sections 17 and 18);
(3) place
for resolving disputes (section 21.2);
(4) mandatory
mediation and arbitration (sections 22.3 and 22.4);
(5) class
action waiver (section 22.8);
and (6) limitation
on time to file disputes (section 22.9).
By accessing the Website, including registering for a free account,
you agree to this agreement. If you do not want to agree to this
agreement, you must not access the Website.

Section 230(d)
Notice: In accordance
with , you are notified that parental control
protections (including computer hardware, software, or filtering
services) are commercially available that may help in limiting access
to material that is harmful to minors. You may find information about
providers of these protections on the Internet by searching “parental
control protection” or similar terms.

Minors
prohibited. The Website
contains adult oriented content and is not intended for minors. Only
adults (1) who are at least 18-years old and (2) who have reached the
age of majority where they live may access the Website. The Company
forbids all persons who do not meet these age requirements from
accessing the Website. If minors have access to your computer, please
restrain their access to sexually explicit material by using any of
the following products, which the Company provides for informational
purposes only and does not endorse:
| |
| .

Child
Pornography prohibited.The Company prohibits
pornographic content involving minors. The Company only allows visual
media of consenting adults for consenting adults on the Website. If
you see any visual media, real or simulated, depicting minors engaged
in sexual activity within the Website, please promptly report this to
the Company by email to [email protected]
Please include with your report
all appropriate evidence, including the date and time of
identification. The Company will promptly investigate all reports and
take appropriate action. The Company fully cooperates with any
law-enforcement agency investigating child pornography.

Introduction

1.1

The Website
provides access to user generated pornographic content that may
contain graphic depictions, nudity, adult language, and
descriptions of explicit sexual activity, including heterosexual,
bisexual, homosexual, and transsexual situations of a sexual nature
unsuitable for minors. The Website
allows users to upload, share, and view user generated pornographic
content, including sexually explicit images. You may view the
content on the Website without registering, but you must register
for a free account to post content.

1.2

This
agreement applies to all users of the Website, whether you are a
“visitor” or a “registered user.” By registering for a free
account or accessing any part of the Website, you agree to this
agreement. If you do not want to agree to this agreement, you must
. If you breach any part of this agreement,
the Company may revoke your license to access the Website, block
your access, and cancel your account.

1.3

The Company is not liable for anything that
you post or say while you are on the Website. The Company does not
monitor the content of the Website, but if the Company does see, or
someone tells the Company that you have posted, something that the
Company finds inappropriate, the Company will remove it. If you
post content that belongs to someone else and they get annoyed (or
even call in their lawyers), the Company is not in the firing line.
You have to take responsibility for what you post.

1.4

The Company may change this agreement on
one or more occasions by updating this page. The top of this page
will tell you when the Company last updated this agreement. Changes
will take effect on the “last updated” date stated on the top
of this page. Changes will not operate retroactively. The Company
will try to notify you when it changes this agreement if it can do
so in a reasonable manner. But you should frequently check this
page to make sure that you are operating under the most current
version of this agreement. The Company will consider your continued
use of the Website after it posts the changes as your acceptance of
the changes even if you do not read them. If you do not agree to
the changes, your sole remedy is to stop accessing the Website.

1.5

If you have
any questions about this agreement or any questions or comments
about the Website, please email the Company at [email protected].

Eligibility Requirements

2.1

The Website
contains uncensored sexually explicit material unsuitable for
minors. Only adults (1) who are at least 18-years old and (2) who
have reached the age of majority where they live may access the
Website. If you do not meet these age
requirements, you must not access the Website and .

2.2

By accessing
the Website, you state that the following facts are accurate:

(a)

You are at
least 18-years old, have reached the age of majority where you
live, and you have the legal capacity to enter into this
agreement;

(b)

All
information you provided to the Company is accurate and you will
promptly update this information when necessary to make sure that
it remains accurate;

(c)

You are
aware of the adult nature of the content available on the Website
and that you are not offended by content of this nature, including
content depicting men or women in various sexual situations;

(d)

You are
familiar with your community’s laws affecting your right to
access adult oriented materials, including sexually explicit
material depicting bondage, S/M, and other fetish activities;

(e)

You have the
legal right to access adult oriented materials, including sexually
explicit material depicting bondage, S/M, and other fetish
activities, and the Company has legal right to transmit them to
you;

(f)

You are
voluntarily requesting adult oriented materials for your own
private enjoyment;

(g)

You will notshare these materials with a minor or otherwise make them
available to a minor; and

(h)

By logging
on, you will have released and discharged the providers, owners,
and creators of the Website from all liability that might arise.

Intellectual Property Rights

3.1

Ownership of Website

The
Website and its entire contents, features, and functionality
(including all information, software, text, displays, images, video,
and audio, and the design, selection, and arrangement of it) are
owned by the Company, its licensors, or other providers of the
material and are protected by international copyright, trademark, patent, trade secret, and other
intellectual property or proprietary rights laws.

3.2

Trademarks

The
Website name, domain name, and logo are the Company’s trademarks,
and you must not copy, imitate, or use them, in whole or in part,
without the Company’s advance written permission. In addition, all
page headers, custom graphics, button icons, and scripts are the
Company’s service marks, trademarks, and trade dress, and you must
not copy, imitate, or use them, in whole or in part, without the
Company’s advance written permission.

3.3

License Grant

The
Company hereby grants you a nonexclusive, nonsublicensable,
nontransferable license to access the Website and its content for
your personal and noncommercial use in accordance with this
agreement. “Access” means visit the Website, use
its services, and view or download its content. “Content”
includes the text, software, scripts, graphics, photos, sounds,
music, videos, audiovisual combinations, interactive features, and
other materials found on the Website.

3.4

License Restrictions

(a)

The license
granted in section 3.3 does not include any of the following:

(i)

resale or
commercial use of the Website;

(ii)

distribution,
public performance, or public display of the Website or the
content;

(iii)

changing or
otherwise making any derivative uses of the Website and the
content, or any part of the Website or the content, unless the
Company specifically authorizes change or derivative use in a
separate written agreement with you;

(iv)

use of any
data mining, robots, or similar gathering or extraction methods;

(v)

downloading
(other than webpage caching) any part of the Website or the
content except as permitted on the Website; or

(vi)

any other
use of the Website or the content other than for its intended
purpose.

(b)

Your license
to access the Website does not transfer ownership of or title to a
copy of any content that you view or print, and the Company only
authorizes you to use your copy in accordance with this agreement.
If you download or print a copy of the content for your personal
use, you must retain all copyright and other proprietary notices
embedded in the content. Any use of the Website or the content
except as authorized by this agreement will terminate the license
granted here. Unauthorized use of the Website or the content may
also violate intellectual property laws or other laws. Unless
stated here, nothing in this agreement should be construed as
conferring any license to intellectual property rights, whether by
estoppel, implication, or otherwise. The Company may revoke this
license at any time.

Your Account

4.1

Account Creation

To
fully access the Website, you have to register. Registration is free
and for a single user only. To register, you must complete the
registration process by providing the Company with accurate
information as prompted by the registration form. You also will
choose a password and a username.

4.2

Responsibility for Account

You
are responsible for maintaining the confidentiality of your password
and account. Further, you are responsible for all activities that
occur under your account. You will promptly notify the Company of any
unauthorized use of your account or any other breach of
security.

4.3

Liability
for Account Misuse

The
Company will not be liable for any loss that you may incur as a
result of someone else using your password or account, either with or
without your knowledge. You could be held liable for losses incurred
by the Company or another party due to someone else using your
account or password.

4.4

Use of Other Accounts

You
must not use anyone else’s account at any time.

4.5

Account Security

The
Company cares about the integrity and security of your personal
information. But the Company cannot guarantee that unauthorized third
parties will never be able to defeat the Website’s security
measures or use any personal information you provide to the Company
for improper purposes. You acknowledge that you provide your personal
information at your own risk.

User Conduct

5.1

You
are solely responsible for all acts and omissions that occur
because of your use of the Website. You must not engage in
any of the following prohibited activities:

(a)

use the
Website for any unlawful purpose or in any way that is prohibited
by this agreement or that exposes the Company to civil or criminal
liability;

(b)

infringe on
the intellectual-property rights of another person, including to
make, obtain, post, or otherwise access illegal or infringing
copies of copyrighted content;

(c)

submit,
publish, display, disseminate, or otherwise communicate any
defamatory, libelous, inaccurate, abusive, harmful, threatening,
obscene, offensive, hateful, discriminatory, infringing, or
illegal material to any other user of the Website or to any other
person;

(d)

exploit or
harm or to try to exploit or harm minors by exposing them to
inappropriate content, asking for personal information, or
otherwise;

(e)

harass,
stalk, or otherwise invade the privacy of another person
(including the dissemination of personal information);

(f)

promote the
physical harm or injury of any individual or group, or promote any
act of cruelty to animals;

(g)

engage in
false or deceptive advertising or trade practices;

(h)

use or try
to use any other user’s account on the Website;

(i)

impersonate
another person during your use of the Website, including
registering or trying to register another person for an account;

(j)

use any
automated means—including robots, spiders, crawlers, or data
mining tools—to download, monitor, or use data or content from
the Website or otherwise access any content on the Website through
any technology or means other than those provided or authorized by
the Website;

(k)

attack the
Website via a denial-of-service attack or a distributed
denial-of-service attack;

(l)

collect
email addresses for sending unsolicited messages;

(m)

collect or
harvest any personally identifiable information, including account
names, from the Website;

(n)

take any
action that imposes, or may impose, an unreasonable or
disproportionately large load on the Company’s technology
infrastructure or otherwise make excessive demands on it;

(o)

forge
headers or otherwise manipulate identifiers to disguise the origin
of any information you send;

(p)

disable,
circumvent, or otherwise interfere with security related features
of the Website, features that prevent or restrict use or copying
of content, or features that enforce limits on the use of the
Website or the content on it, including any digital rights
management (DRM) functionality;

(q)

remove any
proprietary notices or labels—including copyright, patent,
service mark, or trademark notices—on the content;

(r)

try to
interfere with, compromise the system integrity or security, or
decipher any transmissions to or from the servers running the
Website;

(s)

post, link
to, or otherwise make available on the Website any content that
contains software viruses or any computer code, file, or program
designed to interrupt, destroy, limit, or monitor the
functionality of any software, hardware, or telecommunications
equipment;

(t)

send,
create, or reply to so-called “mail bombs” (that is, emailing
copies of a single message to many users, or sending large or
multiple files or messages to a single user with malicious
intent); engage in “spamming” (that is, unsolicited emailing
for business or other purposes); or undertake any other activity
that may adversely affect the operation or enjoyment of the
Website by another person;

(u)

copy,
distribute, or disclose any part of the Website in any medium,
including by any automated or non-automated “scraping;”

(v)

reproduce,
sell, resell, or otherwise commercially exploit or make available
the Website or its content to any other person;

(w)

“frame”
or “mirror” the Website; or

(x)

reverse
engineer the Website or any part of it.

5.2

The Company
may change, limit, or cancel your access if you fail to comply with
this section 5. Unauthorized use of the Website or the content may
also violate various laws, including copyright and trademark laws,
the laws of privacy and publicity, and communications regulations
and statutes. The Company will take appropriate action against you
for any unauthorized use of the Website or the content, including
civil, criminal, injunctive relief, and termination of your access
or registration.

User Generated Content

6.1

In General

The
Company allows you to submit comments, pictures, videos, and other
content to the Website. Except for personally identifiable
information covered under the privacy
policy, the Company will consider any content submitted to the
Website nonconfidential and nonproprietary. You acknowledge that you
are responsible for any user contributions you submit or contribute,
and you, not the Company, have full responsibility for this content,
including its legality, reliability, accuracy, and appropriateness.

6.2

Content Ownership

You
keep all ownership rights to content uploaded to the Website. You
acknowledge that the Company has no control over what other users may
do with copies of your content if you remove your submissions from
the Website.

6.3

Content License

By
submitting content to the Website, you hereby grant the Company, its
affiliates, and service providers, and each of their and the
Company’s respective licensees, a worldwide, nonexclusive,
sublicensable, transferable license to use, reproduce, distribute,
prepare derivative works of, display, and perform the content in
connection with the Website and the Company’s (and its successors’
and affiliates’) business, including for promoting and
redistributing part or all of the Website (and derivative works of
it) in any media formats and through any media channels. The Company
may freely use and otherwise exploit this content for any purpose
without any obligation to pay you.

6.4

Moral Rights

You hereby waive all
moral rights in your submissions that may be available to you in any
part of the world and you state that no moral rights have been
asserted.

6.5

Statements of Fact

For
each submission you make to the Website, you state that the following
facts are accurate:

(a)

You own or
control all rights in the content and have the right to grant the
license granted above to the Company and its affiliates and
service providers, and each of their and the Company’s
respective licensees, successors, and assigns;

(b)

You are not
posting any content depicting any person under 18-years old;

(c)

You have
inspected and are keeping written documentation sufficient to
confirm that all subjects of your submission are in fact 18-years
old or older as required by 18 U.S.C. §§ 2257–2257A
and the implementing regulations codified at 28
C.F.R. Part 75;

(d)

You have a
signed written consent or release for each identifiable person in
the submission to use their name or likeness to allow inclusion
and use of the submission in the way contemplated by the Website
and this agreement; and

(e)

All of your submissions do and will comply
with this agreement.

6.6

Content Standards

These
content standards apply to all user contributions. User contributions
must in their entirety comply with federal, state, local, and
international laws and regulations. User contributions must not:

Depict
revenge porn, that is content uploaded by intimate partners with
the intent of humiliating the partner depicted or that is
otherwise uploaded without the consent of all individuals
involved;

(e)

Infringe any
patent, trademark, trade secret, copyright, or other intellectual
property or other rights of any other person;

(f)

Contain
material taken from adult magazines, professional porn movies, or
pay sites (not even their free samples) unless you are the owner
of the material or have a written license that authorizes you to
post the material to the Website;

(g)

Violate the
legal rights (including the rights of publicity and privacy) of
others or contain any material that could give rise to any civil
or criminal liability under governing laws or regulations or other
otherwise may be in conflict with this agreement and the privacy
policy;

(h)

Contain
private or personal information about any person;

(i)

Contain
software viruses or any computer code, file, or program designed
to interrupt, destroy, limit, or monitor the functionality of any
software, hardware, or telecommunications equipment;

(j)

Be likely to
deceive any person;

(k)

Promote any
illegal activity, or advocate, promote, or assist any unlawful
act;

(l)

Cause
annoyance, inconvenience, or needless anxiety or be likely to
upset, embarrass, alarm, or annoy any other person;

(m)

Impersonate
any person, or misrepresent your identity or affiliation with any
person or organization;

(n)

Involve
commercial activities or sales, including contests, sweepstakes,
and other sales promotions, barter, or advertising; or

(o)

Give the
impression that they emanate from or are endorsed by the Company
or any other person or entity, if this is not the case.

Monitoring and Enforcement

7.1

The Company
may do any of the following:

(a)

Remove or
refuse to post any user submission for any reason, including
obscene or defamatory material or excessive length;

(b)

Take any
action against any user submission that the Company considers
necessary or appropriate, including if the Company believes that
the user submission breaches this agreement, infringes any
intellectual property right of any person, threatens the personal
safety of users of the Website or the public, or could create
liability for the Company;

(c)

Disclose
your identity or other information about you to any person who
claims that content posted by you violates their rights, including
their intellectual-property rights or their right to privacy;

(d)

Take
appropriate legal action, including referral to law enforcement,
for any illegal or unauthorized use of the Website; or

(e)

Terminate or
suspend your access to all or part of the Website for any reason,
including breach of this agreement.

7.2

The Company
will fully cooperate with any law enforcement authorities or court
order requesting or directing the Company to disclose the identity
or other information of anyone posting any content on or through
the Website. You hereby waive any claims you might have against the
Company—including its affiliates, licensees, and service
providers—resulting from any action taken by the Company during
or because of the Company’s investigations and from any actions
taken as a consequence of investigations by either the Company or
law enforcement authorities.

7.3

The Company cannot and does not review all
material before it is posted on the Website, and cannot ensure
prompt removal of objectionable material after it has been posted.
The Company will not be liable for any action or inaction regarding
transmissions, communications, or content provided by any user or
third party. The Company will not be liable to anyone for
performance or nonperformance of the activities described in this
section 7. But if you know of any content posted that violates this
agreement, please email the Company at [email protected].
Please provide as much detail as possible, including a copy of the
objectionable content or the location where the Company may find
it, the reason the Company should remove it, and a statement
certifying the accuracy of the information you provided to the
Company.

Links

The Website contains links to third-party websites or resources. You
acknowledge that the Company is not responsible or liable for: (1)
the availability or accuracy of those websites or resources; or (2)
the content, products, or services on or available from those
websites or resources. Links to third-party websites or resources do
not imply any endorsement by the Company of those websites or
resources. You acknowledge sole responsibility for and assume all
risk arising from your use of any third-party websites or resources.

Third-Party Content

Through the Website, you will have the
ability to access or use content provided by third parties. The
Company cannot guarantee that third-party content will be free of
material you may find objectionable or otherwise. The Company will
not be liable to you for your access or use of any third-party
content.

Privacy

10.1

For
information about how the Company collects, uses, and shares your
information, please review the privacy
policy. You acknowledge that by using the Website you consent
to the collection, use, and sharing (as set out in the privacy
policy) of this information, including the transfer of this
information to the Netherlands or other countries for storage,
processing, and use by the Company.

10.2

By accessing
the Website, you acknowledge that Internet transmissions are never
completely private or secure. You also acknowledge that others may
read or intercept any message or information you send to the
Website even if there is a special notice that a particular
transmission is encrypted.

10.3

The Company
may use software that automatically tracks performance and usage
information to evaluate the Website. This software will not
personally identify you.

Copyright Policy

11.1

The Company
respects the intellectual property rights of others and expect
users of the Website to do the same. The Company will respond to
notices of alleged copyright infringement that comply with law and
are properly provided to the Company. If you believe that your
content has been copied in a way that constitutes copyright
infringement, please provide the Company’s copyright agent with
the following information in accordance with the Digital Millennium
Copyright Act (DMCA):

(a)

a physical
or electronic signature of the copyright owner or a person
authorized to act on their behalf;

(b)

identification
of the copyrighted work claimed to have been infringed;

(c)

identification
of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access
to which is to be disabled, and information reasonably sufficient
to permit the Company to locate the material;

a statement
by you that you have a good faith belief that use of the material
in the manner complained of is not authorized by the copyright
owner, its agent, or the law; and

(e)

a statement
that the information in the notification is accurate, and, under
penalty of perjury, that you are authorized to act on behalf of
the copyright owner.

11.2

It is the Company’s policy to terminate
the user accounts of repeat infringers.

Termination

12.1

Termination on Notice

Either
party may terminate this agreement at any time by notifying the other
party.

12.2

Termination by the Company

The
Company may suspend, disable, or cancel your access to the Website
(or any part of it) if it determines that you have breached this
agreement or that your conduct would tend to damage the Company’s
reputation and goodwill. If the Company terminates your access for
any of these reasons, you must not access the Website. The Company
may block your email address and IP address to prevent further
access.

12.3

Effect of Termination

On
termination, your right to access the Website and all licenses
granted by the Company terminates. Termination of your access to the
Website will not relieve you of any obligations arising or accruing
before termination or limit any liability that you otherwise may have
to the Company or any third party.

12.4

Survival

This
agreement’s provisions that by their nature should survive
termination will survive termination, including ownership provisions,
disclaimers, and limitations of liability.

Reliance on Information Posted

13.1

The Company
makes the information presented on or through the Website available
for general information purposes only. The Company is not making
any warranty about the accuracy or usefulness of this information.
Any reliance you place on this information is strictly at your own
risk. The Company will not be liable for any reliance placed on
these materials by you or any other visitor to the Website, or by
anyone who may be informed of any of its contents.

13.2

The Website
includes content provided by third parties, including materials
provided by other users, third-party licensors, syndicators, or
aggregators. All statements or opinions expressed in these
materials, and all responses to questions and other content, other
than the content provided by the Company, are solely the opinions
and the responsibility of the person providing these materials.
These materials do not reflect the opinion of the Company. The
Company will not be liable to you or any other person for the
content or accuracy of any materials provided by any third parties.

Changes to the Website; Availability

14.1

Although the
Company may update the content on the Website on one or more
occasions, the content is not necessarily complete or up-to-date.
Any of the material on the Website may be out of date at any given
time, and the Company is not required to update that material. If
you believe you have found errors or omissions on the Website, you
can bring them to the Company’s attention by contacting it at
[email protected].

14.2

While the
Company will try to make sure that the Website is always available,
it does not guarantee continuous, uninterrupted, or secure access
to the Website. Many factors or circumstances outside of the
Company’s control may interfere with or adversely affect its
operation of the Website.

Compliance with Law

The Company is not making any statement
that the Website or any of its content is accessible or appropriate
outside of the United States. Access to the Website might not be
legal by certain persons or in certain countries. If you access the
Website from outside the United States, you do so on your own
initiative and are responsible for complying with all local laws.

Disclaimers

16.1

You acknowledge that the Company cannot and does not state that
files available for downloading from the Internet or the Website
will be free of viruses or other destructive code. You are
responsible for implementing sufficient procedures and checkpoints
to satisfy your particular requirements for antivirus protection
and accuracy of data input and output, and for keeping a means
external to the Website for any reconstruction of any lost data.
The Company will not be liable for any loss or damage caused by a
distributed denial-of-service attack, viruses, or other
technologically harmful material that might infect your computer
equipment, computer programs, data, or other proprietary material
due to your use of the Website or any services or items obtained
through the Website or to your downloading of any material posted
on it, or on any website linked to it.

16.2

Your use of the Website, its content, and any services or items
obtained through the Website is at your own risk. The Company
provides the Website, its content, and any services or items
obtained through the Website “as is,” “with all faults,”
and “as available,” without making any warranty, either express
or implied. The Company is not making any warranty (1) that the
Website, its content, or any services or items obtained through the
Website will be accurate, reliable, error-free, or uninterrupted;
(2) that defects will be corrected; (3) that the Website or the
server that makes it available are free of viruses or other harmful
components; or (4) that the Website or any services or items
obtained through the Website will otherwise meet your needs or
expectations.

16.3

The Company is not making any warranty, whether express, implied,
statutory, or otherwise, including warranty of merchantability,
title, noninfringement, privacy, security, and fitness for
particular purpose.

Limit on Liability; Release

17.1

The Company
will not be liable to you for any of the following:

(a)

Errors,
mistakes, or inaccuracies of content;

(b)

Personal
injury or property damage resulting from your access to and use of
the Website;

Unauthorized
access to or use of the Company’s servers and any personal or
financial information stored in them, including unauthorized
access or changes to your account, contributions, transmissions,
or data;

(e)

Interruption
or cessation of transmission to or from the Website;

(f)

Bugs,
viruses, Trojan horses, malware, ransomware, or other disabling
code that may be transmitted to or through the Website by any
person or that might infect your computer or affect your access to
or use of the Website, your other services, hardware, or software;

(g)

Incompatibility
between the Website and your other services, hardware, or
software;

(h)

Delays or
failures you might experience in starting, conducting, or
completing any transmissions to or transactions with the Website;
or

(i)

Loss or
damage incurred because of the use of any content posted, emailed,
sent, or otherwise made available through the Website.

17.2

You hereby release the Company from all liability arising out of
user submissions or the conduct of other users or nonparties,
including disputes between you and one or more other users or third
parties.

Exclusion of Damages; Exclusive Remedy

18.1

Unless caused by the Company’s gross negligence or its
intentional misconduct, the Company will not be liable to you for
any direct, indirect, special (including so-called consequential
damages), statutory, punitive, or exemplary damages arising out of
your access or your inability to access the Website or the content.
This exclusion applies regardless of theory of liability and even
if you told the Company about the possibility of these damages or
the Company knew or should have known about the possibility of
these damages.

18.2

The Company also will not be liable to you for any damages for (1)
personal injury, (2) pain and suffering, (3) emotional distress,
(4) loss of revenue, (5) loss of profits, (6) loss of business or
anticipated savings, (7) loss of use, (8) loss of goodwill, (9)
loss of data, (10) loss of privacy, or (11) computer failure
related to your access of or your inability to access the Website
or the content. This exclusion applies regardless of theory of
liability and even if you told the Company about the possibility of
these damages or the Company knew or should have known about the
possibility of these damages.

18.3

If you are dissatisfied with the Website or have any other
complaint, your exclusive remedy is to stop using the Website. The
Company’s maximum liability to you for any claim will not exceed
$1.

Scope of Disclaimers, Exclusions, and Limits

The disclaimers, exclusions, and limits stated in sections 16, 17,
and 18 apply to the greatest extent allowed by law, but no more. The
Company does not intend to deprive you of any mandatory protections
provided to you by law. Because some jurisdictions may prohibit the
disclaimer of some warranties, the exclusion of some damages, or
other matters, one or more of the disclaimers, exclusions, or limits
may not apply to you.

Loss Payment (aka Indemnification)

20.1

In General

You will pay the Company for any loss of ours that is caused by any
of the following:

(a)

your access of the Website;

(b)

your conduct on the Website;

(c)

your breach of this agreement;

(d)

your violation of rights of another person, including intellectual
property and privacy rights;

(e)

your violation of law;

(f)

your negligent, fraudulent, or intentional conduct; or

(g)

your criminal conduct.

But you are not required to pay if the loss was caused by the
Company’s intentional misconduct.

20.2

Definitions

(a)

“Loss”
means an amount that the Company is legally responsible for or pay
in any form. Amounts include, for example, a judgment, a
settlement, a fine, damages, injunctive relief, staff
compensation, a decrease in property value, and expenses for
defending against a claim for a loss (including fees for legal
counsel, expert witnesses, and other advisers). A loss can be
tangible or intangible; can arise from bodily injury, property
damage, or other causes; can be based on tort, breach of contract,
or any other theory of recovery; and includes incidental, direct,
and consequential damages.

(b)

A loss is
“caused by”an event if the loss
would not have happened without the event, even if the event is
not a proximate cause of the loss.

20.3

The Company’s Duty to Notify You

If
the Company has your contact information, the Company will notify you
before the 30th day after the Company knows or should reasonably have
known of a claim for a loss that you might be compelled to pay. But
the Company’s failure to give you timely notice does not end your
obligation, except if that failure prejudices your ability to
mitigate losses.

20.4

Legal Defense of a Claim

The
Company has control over defending a claim for a loss (including
settling it), unless the Company directs you to control the defense.
If the Company directs you to control the defense, you will not
settle any litigation without the Company’s written consent if the
settlement (1) imposes a penalty or limitation on the Company, (2)
admits the Company’s fault, or (3) does not fully release the
Company from liability. You and the Company will cooperate with each
other in good faith on a claim.

20.5

No Exclusivity

The
Company’s rights under this section do not affect other rights it
might have.

Governing Law; Place for Resolving Disputes

21.1

The laws of
the British Virgin Islands—without giving effect to any conflicts
of law principles—govern all matters arising out of or relating
to the Website or this agreement. The predominant purpose of this
agreement is providing services and licensing access to
intellectual property and not a “sale of goods.”

21.2

Except for disputes subject to arbitration, all disputes arising
out of or relating to the Website or this agreement will be subject
to the exclusive jurisdiction and venue of the courts in the
British Virgin Islands. Each
party hereby submits to the personal jurisdiction of the courts in
the British Virgin Islands to
resolve all disputes not subject to arbitration. Each party hereby
waives any right to seek another forum or venue because of improper
or inconvenient forum.

21.3

For purposes
of this section, the Website will be deemed solely based in the
British Virgin Islands and will be deemed a passive website that
does not give rise to personal jurisdiction over the Company,
either specific or general, in any other jurisdiction.

Dispute Resolution

22.1

Litigation Election

Either
party may elect to litigate the following type of case or
controversy:

(a)

an action
seeking injunctive relief, or

(b)

a suit to
compel compliance with this dispute resolution process.

22.2

Negotiation

Each
party will allow the other a reasonable opportunity to comply before
it claims that the other has not met the duties under this agreement.
The parties will first meet and negotiate with each other in good
faith to try to resolve all disputes between the parties arising out
of or relating to the Website or this agreement.

22.3

Mediation

(a)

If the parties cannot settle a dispute arising out of or relating
to the Website or this agreement through negotiation after 30
days, either party may, by notice to the other party and the BVI
International Arbitration Centre, demand mediation under the
British Virgin Islands Arbitration Act of 2013.

(b)

Mediation will take place in Road Town, Tortola, British Virgin
Islands. The language of the mediation will be English. Each party
will bear its own costs in mediation, and the parties will share
equally between them all third-party mediation costs unless the
parties agree differently in writing.

(c)

Each party will participate actively and constructively in
mediation proceedings once started and will attend at least one
joint meeting between the mediator and the parties. Any party may
terminate mediation at any time after an initial meeting between
the mediator and the parties.

22.4

Arbitration

(a)

Procedure

If the parties cannot settle a dispute through mediation, the parties
will settle any unresolved dispute arising out of or relating to the
Website or this agreement by arbitration administered under the
British Virgin Islands Arbitration Act of 2013. A single arbitrator
will preside over the arbitration. The arbitrator, and not any court
or agency, will have exclusive authority to resolve all disputes
arising out of or relating to the interpretation, enforceability, or
formation of this agreement, including any claim that all or any part
of this agreement is void or voidable.

(b)

location

Unless the parties agree otherwise, the arbitration will take place
in Road Town, Tortola, British Virgin Islands.

(c)

Fees

Each party will be responsible for paying any filing, administrative,
and arbitrator fees associated with the arbitration.

(d)

Award

The arbitrator may grant whatever relief that would be available in a
court at law or in equity in the British Virgin Islands, except that
the arbitrator must not award punitive or exemplary damages, or
damages otherwise limited or excluded in this agreement. The award
rendered by the arbitrator will include costs of arbitration,
reasonable legal fees, and reasonable costs for expert and other
witnesses. The arbitrator’s award will be binding on the parties
and may be entered as a judgment in any court of competent
jurisdiction.

(e)

Confidentiality

Unless required by law, neither a party nor an arbitrator will
disclose the existence, content, or results of any arbitration under
this agreement without the advance written consent of both parties.

22.5

Injunctive Relief

Nothing
in this section 22 will prevent either party from seeking injunctive
or other equitable relief from the courts for matters related to data
security, intellectual property, or unauthorized access to the
Website.

22.6

Recovery of Expenses

(a)

In any proceedings between the parties arising out of this
agreement or relating to the subject matter of this agreement, the
prevailing party will be entitled to recover from the other party,
besides any other relief awarded, all expenses that the prevailing
party incurs in those proceedings, including legal fees and
expenses.

(b)

For purposes
of section 22.6(a), “prevailing party” means,
for any proceeding, the party in whose favor an award is rendered,
except that if in those proceedings the award finds in favor of
one party on one or more claims or counterclaims and in favor of
the other party on one or more other claims or counterclaims,
neither party will be the prevailing party. If any proceedings are
voluntarily dismissed or are dismissed as part of settlement of
that dispute, neither party will be the prevailing party in those
proceedings.

22.7

Jury Trial Waiver

Both parties hereby waive the right to a trial by jury or to
participate in a class action for any claim arising out of or
relating to the Website or this agreement. Either party may enforce
this waiver up to and including the first day of trial.

22.8

Class Action Waiver

All claims must be brought in the parties’ individual capacity, and
not as a plaintiff or class member in any purported class or
representative proceeding, and, unless the Company agrees otherwise,
the arbitrator must not consolidate more than one person’s claims.

22.9

Limitation on Time to Bring Claims

A party will not file a claim arising out of or relating to the
Website or this agreement more than one year after the cause of
action arose. Any claim brought after one year is barred.

General

23.1

Entire Agreement

This
agreement constitutes the entire agreement between you and the
Company about your access to the Website. It supersedes all earlier
or contemporaneous agreements between you and the Company about
access to the Website. A printed version of this agreement will be
admissible in any proceedings arising out of (or relating to) this
agreement to the same extent and subject to the same conditions as
other business documents and records originally generated and kept in
printed form.

23.2

Copy of
this Agreement

You
may—and the Company recommends that you—print this agreement on
your printer or save them to your computer. If you have trouble
printing a copy, please contact the Company at [email protected]
and the Company will email you a copy.

23.3

Changes

The
Company may change this agreement on one or more occasions. The
Company will try to post changes on the Website at least 15 days
before they become effective. Changes will become effective on the
“last updated” date stated at the top of this page. Changes
will not apply to continuing disputes or to disputes arising out of
(or relating to) events happening before the posted changes.
While the Company will try to notify you when the Company changes
this agreement, the Company does not assume an obligation to do so,
and it is your responsibility to frequently check this page to review
the most current agreement. By continuing to
use the Website after the Company posts changes to this agreement,
you agree to the revised agreement. If you do not agree to
the revised agreement, your exclusive remedy is to stop accessing the
Website. If you need more information about the changes or have any
other questions or comments about the changes, please contact the
Company at [email protected].

23.4

Assignment
and Delegation

The
Company may assign its rights or delegate any performance under this
agreement without your consent. You will not assign your rights or
delegate your performance under this agreement without the Company’s
advanced written consent. Any attempted assignment of rights or
delegation of performance in breach of this provision is void.

23.5

No Waivers

The
parties may waive any provision in this agreement only by a writing
signed by the party or parties against whom the waiver is sought to
be enforced. No failure or delay in exercising any right or remedy,
or in requiring the satisfaction of any condition, under this
agreement, and no act, omission, or course of dealing between the
parties, operates as a waiver or estoppel of any right, remedy, or
condition. A waiver made in writing on one occasion is effective only
in that instance and only for the purpose stated. A waiver once given
is not to be construed as a waiver on any future occasion or against
any other person.

23.6

Severability

The parties intend as follows:

(a)

that if any
provision of this agreement is held to be unenforceable, then that
provision will be modified to the minimum extent necessary to make
it enforceable, unless that modification is not permitted by law,
in which case that provision will be disregarded;

(b)

that if
modifying or disregarding the unenforceable provision would result
in failure of an essential purpose of this agreement, the entire
agreement will be held unenforceable;

(c)

that if an
unenforceable provision is modified or disregarded in accordance
with this section, then the rest of the agreement will remain in
effect as written; and

(d)

that any
unenforceable provision will remain as written in any
circumstances other than those in which the provision is held to
be unenforceable.

23.7

Notices

(a)

Sending Notice to the Company

You may send notice to the Company by email at [email protected]
unless a specific email address is set out for giving notice. The
Company will consider an email notice received by the Company only
when its server sends a return message to you acknowledging receipt.
The Company may change its contact information on one or more
occasions by posting the change on the Website. Please check the
Website for the most current information for sending notice to the
Company.

(b)

Sending Notice to You­—Electronic Notice

You consent to receiving any notice from the Company in electronic
form either (1) by email to the last known email address the Company
has for you or (2) by posting the notice on a place on the Website
chosen for this purpose. The Company will consider notices sent to
you by email received when its email service shows transmission to
your email address. You state that any email address you gave the
Company for contacting you is a current and valid email address for
receiving notice, and that your computer has hardware and software
configured to send and receive email through the Internet and to
print any email you receive. You may change this consent and request
paper notice by normal postal delivery, but if you do, the Company
may collect the reasonable cost and postage for sending postal
notice.

23.8

Force Majeure

The
Company is not responsible for any failure to perform if unforeseen
circumstances or causes beyond its reasonable control delays or
continues to delay its performance, including:

Failure of
the telecommunications or information services infrastructure; and

(r)

Hacking,
SPAM, or any failure of a computer, server, network, or software.

23.9

No Third-Party Beneficiaries

This
agreement does not, and the parties do not intend it to, confer any
rights or remedies on any person other than the parties to this
agreement.

23.10

Relationship
of the Parties

This
agreement does not, and the parties do not intend it to, create a
partnership, joint venture, agency, franchise, or employment
relationship between the parties and the parties expressly disclaim
the existence of any of these relationships between them. Neither of
the parties is the agent for the other, and neither party has the
right to bind the other on any agreement with a nonparty.

23.11

Successors
and Assigns

This
agreement inures to the benefit of, and are binding on, the parties
and their respective successors and assigns. This section does not
address, directly or indirectly, whether a party may assign rights or
delegate obligations under this agreement.

23.12

Permission
to Send Emails to You

You
grant the Company permission to email you notices, advertisements,
and other communications to you, including emails, advertisements,
notices, and other communications containing adult oriented material
unsuitable for minors. Your permission will continue until you ask
the Company to remove you from its email list. For more information,
please see the privacy
policy.

23.13

Electronic
Communications Not Private

The
Company does not provide facilities for sending or receiving
confidential electronic communications. You should consider all
messages sent to the Company or from the Company as open
communications readily accessible to the public. You should not use
the Website to send or receive messages you only intend the sender
and named recipients to read. Users or operators of the Website may
read all messages you send to the Website regardless of whether they
are intended recipients.

23.14

Electronic
Signatures

Any
affirmation, assent, or agreement you send through the Website will
bind you. You acknowledge that when you click on an “I agree,” “I
consent,” or other similarly worded “button” or entry field
with your finger, mouse, keystroke, or other device, your agreement
or consent will be legally binding and enforceable and the legal
equivalent of your handwritten signature.

23.15

Consumer Rights Information—California Residents Only

This
provision applies only to California residents. In compliance with
section 1789 of the California Civil Code, please note the following:

The Company does not charge consumers to
register or to access the Website, but the Company may charge for
access in the future. You may contact the Company at
[email protected] to resolve
any disputes or to receive further information about the Website.

The
Company encourage you to provide feedback about the Website. But the
Company will not treat as confidential any suggestion or idea
provided by you, and nothing in this agreement will restrict its
right to use, profit from, disclose, publish, or otherwise exploit
any feedback, without payment to you.

23.18

English language

The
Company drafted this agreement in the English language. No
translation into any other language will be used to interpret or
construe this agreement. All services, support, notices,
designations, specifications, and communications will be provided in
English.

23.19

Your
Comments and Concerns

You
should direct all feedback, comments, requests for technical support,
and other communications relating to the Website to
[email protected].

23.20

Usages

In this agreement, the following usages apply:

(a)

Actions
permitted under this agreement may be taken at any time and on one
or more occasions in the actor’s sole discretion.

(b)

References
to a statute will refer to the statute and any successor statute,
and to all regulations promulgated under or implementing the
statute or successor, as in effect at the relevant time.

(c)

References
to numbered sections in this agreement also refer to all included
sections. For example, references to section 6 also refer to 6.1,
6.1(a), etc.

(d)

References
to a governmental or quasi-governmental agency, authority, or
instrumentality will also refer to a regulatory body that succeeds
to the functions of the agency, authority, or instrumentality.

(e)

“A or B”
means “A or B or both.” “A, B, or C” means “one or more
of A, B, and C.” The same construction applies to longer
strings.